Request for emails, attachments, and handouts

Mr. Kasper:

Thank you for requesting information from the Department of Energy. You will find your acknowledgment letter attached to this email. Please let me know if you have questions or concerns.
Best,

Sheree

Mr. Kasper:

Thank you for requesting information from the Department of Energy. You will find your interim letter attached. Please let me know if you have questions.
Best,

Sheree DeBerry
FOIA Analyst
Central Research, Inc. Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
(202)287-6733

Good morning Mr. Kasper,

Per your FOIA request referenced above, I am Titilayo, the new FOIA analyst working on your case. You requested:

All emails, attached documents, and handouts the listed Department of Energy employees sent and received between August 1, 2017 through processing date of this request.

The DOE custodians in this FOIA requests are: Secretary Rick Perry, Chief of Staff Brian McCormack, Doug Matheney of the Office of Fossil Energy, Deputy Assistant Secretary for Intergovernmental and External Affairs Doug Little, Assistant Secretary Bruce Walker, Principal Deputy Assistant Secretary Daniel Simmons, Energy Undersecretary Mark Menezes, Deputy Secretary Dan Brouillette, Executive Director of the Office of Energy Policy and Systems Analysis Sean Cunningham, Former Senior Advisor Travis Fisher.

The search terms for this request include: "Defense Production Act"; "202c" "202(c)"; "Section 202"; "Federal Power Act"; "FAST Act"; "FirstEnergy"; "Murray Energy"; "Akingump"; "NEI.org"; "Peabody"; "nreca.coop"; "Lewandowski"; "Jeff Miller"; "Miller Strategies".

The request is limited to August 1, 2017 through processing date of this request. "

I'm writing to request that you accept the records from a previous FOIA request as 'previously released'. The previous request asked for:

"All records relating to any request or proposal that the Department exercise its authority under section 202(c) of the Federal power Act, 16 U.S.C. § 824a."

This request is broader than what you asked for, and will encapsulate your requested information and all information regarding 202(c) from the whole Department. I will be able to provide you these documents much more expediently, as they have already been processed. Please note: if you accept these documents as 'previously released' you waive your right to appeal this request.

At your earliest convenience, please let me know if you will accept this records in lieu of processing the request you submitted.
Thanks,

Titilayo E. Oke, Esq.

FOIA Analyst

Central Research, Inc., Contractor

U.S. Department of Energy

1000 Independence Avenue S.W.

Washington, D.C. 20585

Office: (202)586-4933

Thank you Mr. Kasper for getting back with me.

In response to your question listed below:

The previously released records was not narrowed down to any particular individual or custodian, it is a record of every document that pertains to § 202(c) with the Department of Energy. This request is broader than what you asked for, and will encompass your requested information and all information regarding 202(c) from the whole Department.

The time frame for the previously released was October 1, 2016 through April 27, 2018 the search cutoff date. This is also broader than your search range of August 1, 2017.

Lastly, the previously released record is a closed case, accordingly, the request number is HQ-2018-00985-F and it is readily available. The requester in this case agreed to waive all preliminary draft documents. I will be able to provide you these documents much more expediently, as they have already been processed.

Please note: if you accept these documents as 'previously released' you waive your right to appeal this request. At your earliest convenience, please let me know if you will accept this records in lieu of processing the request you submitted.
Thanks,

Titilayo E. Oke, Esq.
FOIA Analyst
Central Research, Inc., Contractor
U.S. Department of Energy
1000 Independence Avenue S.W.
Washington, D.C. 20585
Office: (202)586-4933

Thank you Mr. Kasper for your response. I understand you want your FOIA request processed as requested.

Will you be willing to waive: all publicly available documents; news articles, briefings internally and otherwise; and lastly waive all attachments. This will enable us to process your request faster and get them to you quickly.

Please confirm if you want the above listed excluded. Thank you Mr. Kasper.

Titilayo E. Oke, Esq.
FOIA Analyst
Central Research, Inc., Contractor
U.S. Department of Energy
1000 Independence Avenue S.W.
Washington, D.C. 20585
Office: (202)586-4933

Thank you Mr. Kasper. I will proceed with you request as amended.

Titilayo E. Oke, Esq.
FOIA Analyst
Central Research, Inc., Contractor
U.S. Department of Energy
1000 Independence Avenue S.W.
Washington, D.C. 20585
Office: (202)586-4933

Matt Kasper,

I am the Analyst currently processing your request with DOE. Are you still interested in the records for the HQ-2018-01255-F request or may I close this request? Please let me know if you have any questions.

If we do not hear from you by May 16, 2019, your request will be closed.

Ayana Crawford
FOIA Analyst
Central Research, Inc., Contractor
U.S. Department of Energy
1000 Independence Ave., SW
Washington, D.C. 20585

Hello Mr. Kasper,

Your request is actively being processed. You will receive your documents as soon as reasonably possible. I will keep you updated when more information is available. Please let me know if you have any questions.

Ayana Crawford
FOIA Analyst
Central Research, Inc., Contractor
U.S. Department of Energy
1000 Independence Ave., SW
Washington, D.C. 20585

Hi Matt,

I have some questions of clarification and document acceptance for the above FOIA. Please give me a call at 202-287-6730.

Ayana Crawford
FOIA Analyst
Central Research, Inc., Contractor
U.S. Department of Energy
1000 Independence Ave., SW
Washington, D.C. 20585

Hello Mr. Kasper,

My name is Bhavesh Patel, and I am the new FOIA analyst assigned to the HQ-2018-01255-F request. First of all, I would like to apologize for the delay which has taken place in responding to your request. I assure you that I will do my best to bring this matter to a beneficial conclusion. I am reaching out to you today to notify you that we have reviewed and collected several previously released documents that satisfy the terms of your request.

Please email me to set up a time for a call so we can complete this request.

Thank you,

Bhavesh Patel, Esq.
FOIA Analyst
Central Research, Inc., Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
Office: (202) 287-6686

Dear Mr. Kasper,

I am following up on the August 12, 2019 email. I need to speak to you regarding your request. Can you please contact me at 202-287-6686?

Thank you,

Bhavesh Patel, Esq.
FOIA Analyst
Central Research, Inc., Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
Office: (202) 287-6686

Hi Matt,

Thanks for getting back to me regarding your request. I am attaching a summary of the requests to give you context for the types of previously released documents we have available to satisfy your request. These requests cover several years and many custodians within the DOE. Particular to your request, Suggestion 2 covers information specific to your request and, combined with other previously released requests, goes beyond your request in particular. We are willing to give you all five (5) sets of suggested previously released documents to give you a broad scope and context over several years and will encompass several hundred pages of material.

If you’d be willing to accept these previously released documents (versus having us essentially re-process the same information), this would help me get you the information much more quickly. In opting to accept the previously released documents, you would be agreeing to waive any corresponding appeal rights on the documents.

Suggested Request 1
•Any and all communications—including but not limited to letters, faxes, and emails, including all attachments to emails—to or from any staff of the Department of the Energy including the Secretary, from or to (a) Robert Murray or (b) any employee, representative, or person acting on behalf of Murray Energy. This request is limited to records created or received by the Energy Department between November 8 2016 and the date of processing this request.

•Any and all records concerning meetings—whether in-person, telephonic, video conferencing, or through other means—between any staff of the Energy Department, including the Director, and (a) Robert Murray or (b) any employee, representative, or person acting on behalf of Murray Energy. This request includes, but is not limited to, calendars, electronic calendar invitations, and visitor logs. This request is limited to records created or received between November 9 2016, and the date of processing this request.

•Any and all communications—including but not limited to letters, faxes, and emails, including all attachments to emails—to or from any staff of the Department of the Interior, including the Secretary, from or to (a) Corey Lewandowski or (b) any employee, representative, or person acting on behalf of Avenue Strategies or Lewandowski Strategic Advisors. This request is limited to records created or received by the Energy Department between January 20, 2017, and the date of processing this request.

•Any and all records concerning meetings—whether in-person, telephonic, video conferencing, or through other means—between any staff of the Department of the Interior, including the Secretary, to (a) Corey Lewandowski or (b) any employee, representative, or person acting on behalf of Avenue Strategies or Lewandowski Strategic Advisors. This request includes, but is not limited to, calendars, electronic calendar invitations, and visitor logs. This request is limited to records created or received by the Energy Department between January 20, 2017, and the date of processing this request.

The specific custodians for this search were:

Rick Perry
Brian McCormack
Shari Davenport
Patricia Hoffman
Catherine Jereza
Martin Dannenfelser, Jr.
Travis Fisher
Alex Fitzsimmons
Doug Matheny
Daniel Simmons
Dan Brouillette

The keywords for the subject or body field were:

a) “Lewandowski”, or
b) “Avenue Strategies”, or
c) “Murray Energy”, or
d) “Robert Murray”, or
e) “Bob Murray”, or
f) “Robert Moore”, or
g) “FirstEnergy”, or
h) “First Energy”, or
i) “Charles Jones”.

The date range of the search was January 20, 2017 to November 20, 2017.

Suggested Request 2
Records ... concerning the Department's use of its emergency authority under the Federal Power Act. Requests that DOE search the records of specific individuals within the Department for any correspondence (external or internal) regarding DOE's potential use and consideration of its emergency authority to assist coal and Nuclear plants. This request includes all external and internal correspondence sent from or received by the following individuals [hereinafter "custodians"]:

• Rick Perry, Secretary of Energy,
• Dan Brouillette, Deputy Secretary,
• Brian McCormack, Chief of Staff,
• Catherine Jereza, Principal Deputy Assistant Secretary, Office of Electricity Delivery and Energy Reliability,
• Patricia Hoffman, Deputy Assistant Secretary, Office of Electricity Delivery and Energy Reliability,
• Paul Dabbar, Under Secretary for Science and Energy,
• Bruce Walker, Assistant Secretary of Office of Electricity and Energy Reliability,
• Steve Winberg, Assistant Secretary of Fossil Energy, and
• Travis Fisher, former Senior Advisor,

That contains any of the following terms:
• "section 202," "sec. 202" "202(c)," or "202 (c),"
• "824a,"
• "Emergency authority," or "emergency order."

Additionally, requests all correspondence between the custodians and:
• any employee, contractor, or representative of FirstEnergy Solutions,
• any employee, contractor, or representative of Gibson, Dunn & Crutcher LLP,
• Jeff Miller, and
• Corey Lewandowski.

Requests that DOE search records created or transmitted from January 1, 2018 through the date when DOE conducts its search for responsive records.

Additionally, requests all correspondence between the custodians and Any of the following persons:

• Rick C. Giannantonio (FirstEnergy Corp.)
• Jeffrey M. Jakubiak (Gibson, Dunn & Crutcher LLP)
• Jennifer C. Mansh (Gibson, Dunn & Crutcher LLP)
• Christopher Smith (Gibson, Dunn & Crutcher LLP)
• Corey Lewandowski
• Jeff Miller

AND

Anyone using an email address with any of the following domains:
• '@firstenergycorp.com'
• '@gibsondunn.com'
• '@hunton.com,' '@huntonAK.com' (Lobbyist for FirstEnergy)
• '@hklaw.com' (Lobbyist for FirstEnergy)"

Request was assigned to DOE's Office of the Executive Secretariat (ES), Office of Fossil Energy (FE) and Office of Electricity Delivery and Energy Reliability (OE) to search for any documents responsive to your request. The search started on August 8, 2018, which is the cutoff date for responsive documents.

Suggested Request 3
All records relating to any request or proposal that the Department exercise its authority under section 202(c) of the Federal Power Act, 16 U.S.C. § 824a. Request to exclude draft documents authored by DOE employees. Request was assigned to DOE's Office of Electricity Delivery and Energy Reliability (OE) to search for any document responsive to request. The search started on April 27, 2018, which is the cutoff date for responsive documents.

Suggested Request 4
(This is expected to be released in a few weeks)
Requested:
Emails sent or received by Bruce J. Walker, Assistant Secretary ,-Electricity Delivery & Energy Reliability, which reference:

•FirstEnergy Solution Corp.'s March 29, 2018 letter to Secretary Perry entitled "Request for Emergency Order Pursuant to Federal Power Act Section 202 (C)";
•Any suggestion, request or directive from any agency, department, office, or individual that DOE consider an Emergency Order under Section 202 in favor of FirstEnergy Solution; or
•Any discussion of an Emergency Order under Section 202 in favor of First Energy Solutions with Jeff Miller or any representative of Mr. Miller or his firm, Miller Strategies, LLC.

The timeframe of the request is March 1, 2018 to April 9, 2018. Request was assigned to the Office of Electricity Delivery & Energy Reliability (OE) to conduct a search of its files for responsive documents. OE began its search on July 2, 2018, which is the cutoff date for responsive records.

Suggested Request 5 (Search included 52 people from various offices of DOE)
All emails, email attachments, or calendar invitations/entries sent or received between political appointees at the Department of Energy and:

a) Any representative of Murray Energy or with the email addresses ending in "coalsource.com" or
b) Any representative of FirstEnergy or with the email addresses ending in "firstenergycorp.com"

Provide records from January 1, 2018, to the present. To exclude any publicly available documents and any auto-generated news bulletins. Limit the search to the following program offices:

• The Office of the Secretary;
• The Office of Fossil Energy;
• The Office of Congressional and Intergovernmental Affairs;
• The Office of the General Counsel;
• The Office of Public Affairs;
• The Office of Electricity Delivery and Energy Reliability;
• The Office of Cybersecurity, Energy Security, and Emergency Response;
• The Office of Energy Efficiency and Renewable Energy; and
• The Office of Nuclear Energy.

Request was assigned to DOE's Office of the Secretary (ES); the Office of Fossil Energy (FE); the Office of Congressional and Intergovernmental Affairs (CI); the Office of the General Counsel (GC); the Office of Public Affairs (PA); the Office of Electricity (OE); the Office of Cybersecurity, Energy Security, and Emergency Response (CESER), the Office of Energy Efficiency and Renewable Energy (EE), and the Office of Nuclear Energy (NE) to conduct a search of their files for responsive documents. DOE started its search on September 10, 2018, which is the cut-off date for responsive documents.

Please feel free to contact as soon as possible so we can quickly and complete this request. Once again, I would like to apologize for the delay in processing this request and appreciate your patience.

Thank you,

Bhavesh Patel, Esq.
FOIA Analyst
Central Research, Inc., Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
Office: (202) 287-6686

Hi Matt,

Thanks for reaching out to me regarding your request. When is a good time to chat on a call today? You can reach me at 202-287-6686.
Thanks,
Bhavesh Patel

Hi Matt,

It was a pleasure speaking with you on the phone call regarding your request. As we discussed, I will send you all five (5) previously released request sets within the next two weeks, and I will go ahead and close FOIA request HQ-2018-01255-F after you have received them. Thereafter, I will open a new request based on the language you stated in the email from August 22, 2019 to include both parts you mentioned. Additionally, I will assign you a new request number and forward you all of the details.

Once again, I really appreciate your patience on this matter.

Thank you,

Bhavesh Patel, Esq.
FOIA Analyst
Central Research, Inc., Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
Office: (202) 287-6686

Hi Matt,

Attached please find the following previously released requests to complete and close FOIA request HQ-2018-01255-F:
- Request 1
- Request 2 (First, Second, Third partials)
- Request 4
- Request 5

The next email will include Request 3.

Thank you,

Bhavesh Patel, Esq.
FOIA Analyst
Central Research, Inc., Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
Office: (202) 287-6686

Hi Matt,

Attached please find the following previously released requests to complete and close FOIA request HQ-2018-01255-F:

- Request 3 (First Partial Parts 1-4; Second Partial Parts 1-5)

This is the final email for FOIA-HQ-2018-01255-F. This request is now closed.

As we discussed in a few weeks ago, I will open a new request for you with the pertinent language you provided in an earlier email in this chain and update you with the request number and other materials. I will handle that request for you as well.

Thank you,

Bhavesh Patel, Esq.
FOIA Analyst
Central Research, Inc., Contractor
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, D.C. 20585
Office: (202) 287-6686